Taking into consideration the information on the recommendations of the Protector of Human Rights and Freedoms, Mr. Sucko Bakovic, about the Public Institution Institute Komanski most, published in the daily Vijesti 6 May 2010 on page 9^[1], by which the Institute is to: “separate men from women, provide new inventory because furniture is worn, and create basic conditions for accommodation of people”, we would like to remind you that the same thing was requested from Montenegro on 22 September 2008 by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) at the end of its visit, and finally in its report dated 6 March 2009, publication of which was enabled by the Government of Montenegro a year later.Although the Protector of Human Rights now recommends “separating men from women”, Ministry of Labour and Social Welfare has long ago informed the Committee of the Council of Europe (CPT) that men are already separated from women, in the responses published along with the report on 9 March 2010, on page 32.

We would like to remind that we have submitted the request to the Minister of Labour and Social Welfare, Mr. Suad Numanovic, on 25 March 2010 for dismissal of the director of the Institute Komanski most, Mr. Vuk Mirkovic, to which we have not received the answer, nor have we learned from the media that the Committee on Human Rights and Freedoms of the Parliament of Montenegro addressed this issue seriously, despite the efforts of SNP members Mr Miloje Pupovic and Ms. Snezana Jonic.

We would like to repeat that we requested the dismissal of Mr. Vuk Mirkovic due to years of neglect in work that culminated in the European Committee findings in 2008 of violations of the rights of the residents of the Institute Komanski most for protection from inhuman and degrading treatment, for which they had the right under the Constitution of Montenegro and Article 3 of the European Convention on Human Rights, Article 7 of the International Covenant on Civil and Political Rights and the UN Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, all of which bind Montenegro.

We would like to repeat that the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) at the end of its visit to Montenegro, 22 September 2008, so almost two years ago, informed the authorities of Montenegro that the conditions in which the residents of the Institute Komanski most are forced to live can be described as inhumane and degrading (“Immediate observations under Article 8, paragraph 5 of the Conventions”, paragraph 6 and paragraph 130 of the report). In other words, the Committee of the Council of Europe at that time found that Montenegro violated the mandatory prohibition of inhuman and degrading treatment or punishment, which is one of universal human rights, absolutely protected, of which there are no exceptions even during wartime. If the guardians of the residents were to initiate proceedings before the European Court of Human Rights and if the court found the same as the Committee, Montenegro would be obliged to indemnify the aggrieved residents whose human rights have been violated by living in such conditions.

The Committee found that at the time of their visit the living conditions in the Institute Komanski most were “appalling”. Since the Ministry of Justice up to date has not released an official translation of the report of the Committee (CPT) in Montenegrin language, we offer six synonyms for the English word: terrible, awful, shocking, horrific, dreadful, frightful. The Committee also found that the level of hygiene in the Institute was not at the care facility level.

At that time the Committee requested for urgent measures to be taken in order to adjust the condition to minimal standards. It was emphasized that the “appropriate management control is necessary to prevent abuse of the residents,” which is determined by the Committee (paragraph 111 of Report).

For all of these reasons, in order to decisively advocate the suppression of impunity for human rights violation in Montenegro, which by itself means a violation of human rights, we will ask the Supreme State Prosecutor to examine the conduct of relevant government officials and employees for management and supervision of the administration of the Institute Komanski most, as described in the report of the European Committee, from the aspect of criminal responsibility stipulated by criminal acts Abandonment of helpless person, art. 156, par. 1 and 2 of the Criminal Code of Montenegro, Torture and abuse, art. 167, par. 1 and 2 of the Criminal Code of Montenegro, in connection with the criminal act of Abuse of official position under the art. 416, par. 1 of the Criminal Code of Montenegro.

NGO Human Rights Action

NGO Center for anti-discrimination EKVISTA

NGO Women’s safe house

^[1] Report on Visit to the Institute Komanski most and recommendations of the Protector to that institution have not been published even today, on 6 May 2010 on the website of the Protector of Human Rights and Freedoms in Montenegro_